we have overnight road work and this is a look at one of the bright spots, 280, looking good. while you were sleeping, a stunning new twist unfolds in the general david petraeus scandal. another top official is under the microscope for inappropriate e-mails. >> reporter: general john allen, the man who succeeded david petraeus is now linked to the fbi investigation involving his predecessor. >> general allen is entitled to due process in this matter. >> reporter: secretary of defense leon panetta has turned it over to investigators. it centers around potentially inappropriate e-mails around jill kelley. >> if you know my sister, like

i said, she is a dedicated mother and dedicated wife. >> reporter: kelley went to the fbi when she received threatening e-mails from an anonymous source. they were reportedly from broadwell. monday night fbi investigators searched broadwell's home. agents isn't say -- didn't say what they were looking for but carried out boxes and a computer. president obama has now agreed to put the general's confirmation for that poston hold. >> while this matter is under investigation and before the facts are determined, general commander will remain. >> reporter: general allen denies he's done anything

wrong. tara merger. >> they had already named his replacement for afghanistan. they would like to confirm general joseph dunnford as soon as possible. years after a strip club scandal involving the director. allen martin -- elissa harrington is in the news room. >> we learned in the executive director omar is retiring. it's after a scandal that he went to a strip club and used public dollars to pay for it. receipts from a 2008 business trip show benjamin spent more than 4500 dollars at a strip club. and he was placed on administrative leave and although ben gentleman -- benjamin is retiring he will

not receive a severance package. the port will continue investigateing and will discuss reimbursement policies this thursday. the strip club defense was not immediately noticed because the name of the venue called treasures was not on the receipt receipt. the man who founded mcafee associates is now a person o of interest in a murder case. john mcafee sold his remaining shares of the antivirus software company in the 1990s. in the recent years he's been living on an island in belies. people want to question him about his neighborhood. >> he is enormous resources at his disposal. and that's allowed him to do whatever he wants. >> he called to declare his innocence in the murder case and said he has buried himself up to his neck in sand to hide

from police. >> police in southern california shot and killed a u.s. marine from san jose this weekend. officers from palm springs police department say allen dvalina refused to stop for officers on bike patrol at 2:00 on saturday and he hit one of the officers with a car in a parking garage. that's when police opened fire and killed him. the san mateo county district attorney plans to make a decision on what steps to take after a judge through out on a murder trial. police said his killer was childhood friend gregory alarn of pittsburgh. yesterday the judge in the case threw out the charges. >> the real question was at one point when mr. elam was talking about wanting an attorney, whether or not the questioning e should have stopped and the

judge said it should have. it is something we don't agree with. >> the da said he was not under arrest when he talked about the murder to police and there was no obligation to read him his miranda rights. a verdict will be announced this morning in the case of a rape and murder. an entire neighborhood was on edge until he was arrested last january. the jury reached a verdict on friday and it will be publicly announced today at about 9:30. a woman who was taking out the trash made a gruesome discovery. she found a man in her garban -- garbage can in her home. he later died from unknown injuries. he suffered from a bone disease. they say they were no obvious

signs of trauma, but he did have l alcohol in his system. an autopsy is expected sometime today. other bay area headlines we're following. investigators are looking into a fatal accident that sent a man's truck into the river. emergency workers pulled the victim from the truck and tried to resuscitate him. it's expected to be early next year before the tunnels are open to that bypass double slide on the san mateo coast. they were hoping for a late opening this year. they have to finish building the connectors between the tunnel and highway 1. time now is 4:36. let's get another check on the weather. i thought it was a little bit warmer this morning. was it my imagination. >> no it wasn't your imagination. we're seeing the atmosphere mix a little bit. in spots toward the coastline,

we have warmer weather. a little chilly if you're headed in land. 40 in livermore. out towarded coat line, 51 -- coastline, 51 are degrees. and 5 -- 51 degrees and 52 in san francisco. i think today the temperatures looking pretty nice, a little bit warmer outside. yesterday highs and lows into the the mid-60s. i think by the afternoon, the temperatures pushing 70 degrees in some of the warmer spots. 68 in livermore. 65 in san francisco and 67 in san jose. enjoy it. we have rain drops and lots of them coming up in the near future. we'll talk more about that. right you as you mentioned it is nice and dry and pretty easy commute so far. no big hot spots out there. we sent photographers all across the bay area and this is the first live look of the south bay, both directions flowing nicely.

and we have another traffic camera at the bay bridge toll plaza. obviously super light. this is a back to work tuesday for a lot of folks. hopefully you were lucky enough to get veterans day off. right now it is good to go. no metering lights heading into san francisco. we have areas of overnight road work in a lot of the usual spots, between railroad and leverage, a couple lanes blocked until 5 this morning. caltrans crews are out there now. if you're heading past the golden gate bridge up towards sir francis drake, several lanes blocked. things look good across the span at the golden gate bridge. we'll get a check of mass transit this morning. and back to o you guys. chevron says it will repair damage from the refinery fire in august. repairing it rather than replacing it means they will not have to stall the latest clean air technology.

the new technology has to be stalled when major changes are made. itit says it will voluntarily reduce air pollution emission. it is 6:when -- it is 4:39, do graphic labels really work. and how the chp is cracking down on drowsy drivers this week. and that's an understatement, the massive mess that created quite the headache for a florida family. it's all coming your way. before cold & flu season, help prevent with lysol disinfectant spray. and use the lysol no touch hand soap for 10 times more protection with each wash. this season, a good offense is the best defense. lysol. mission for health.

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the owner did not notice itn he rushed his son off to sc. but later he discovered a bg chunk of his front lawn was missing. and s . this is in central florida. the owner later discovered a big chunk of his front lawn was gone and since then it has more than doubled in size. geologists in florida examined it. that's safe. not sure what caused the hole

in the first place, but he's got some issues. >> no kidding. how do you even start to fill that in. no kidding. time now is 4:42. let's get a check with lawrence. >> how could he not notice it, though. >> to see stuff like that show up. they have a lot of limestone under the ground. that's the reason they get caves. that's what happens. outside today we have mostly clear skies. temperatures 40s and 50s. as we head throughout the day we'll notice more sunshine. temperatures near 70 degrees in the warmer spots. 60s inside the bay. high pressure hold on now, most of the rain in the bay area but we'll see a few clouds are drift across the ridge in the bay area. the rain line is going to stay to the north, continuing to bring showers up in that direction, but well to the north of us.

eventually this whole trough begins to head toward the bay area. nice travel day if you're headed out. almost 70 degrees in sacramento. 68 in fresno and still showers toward the eureka area. 68 in campbell. 67 in redwood city and 64 in pacifica. lots of sunshine in the east bay. 66 in pleasant hill and 65 in vallejo. insided bay, 67 in oakland. 65 in san francisco and next couple days looking pretty nice other than a little chilly in the morning, lots of sunshine by the afternoon. temperatures start to cool down a little bit come thursday and by friday a chance of showers that could continue into saturday. stronger storms on sunday into monday and more rain expected as we head toward the middle of next week as well.

hope you didn't have outdoor plans there weekend. thanks lawrence. outside right now it's nice and dry. no big problems on the major road aways. and look at that, not too many cars on the roadway so far on westbound or eastbound 92 coming on or off the high ride. our photographers are all acrossed bay this morning. here's one near mariposa. this is heading into san francisco. just a heads up. portionings of the northbound lanes of the embarcadro, otherwise let's go to our maps. we have word that all lanes are blocked, highway 9 by glen road. there's a bunch of wires in the roadway and they went ahead and issued a traffic alert. california highway 9 by glen arbor. otherwise the eastbound

eastbound lanes of highway 4, this is your ongoing road work. one or two lanes are going to be blocked. in the meantime westbound doesn't look bad from antioch toward the concord area. more are road work in marin county. everything's pretty quiet across the span at the golden gate bridge. toward sir francis drake you'll find various lanes blocked. a lot of things should be rapping up in the next 15 minutes or so. ferries, everything reporting no delay. that is traffic and weather together every 10 minutes, back to you guys. closing arguments are planned today in the state of washington in the preliminary hearing of a u.s. soldier accused of killing civilians in afghanistan. army staff sergeant robert bales is charged with 16 counts of premeditated murder and 6 counts of attempted murder.

he shot and stabbed the victims including children back in march. the hearing will determine whether he faces a court marshal. he could face the defense penalty if convicted. the obama administration is getting close to a decision on how many u.s. service members will remain in afghanistan. the u.s. combat mission is set to end in 2014 and decisions have to be made about what tasks remaining troops will perform. a decision is expected in the next few weeks. this is the day our nation's leaders work on a plan to save the the united states from falling off the fiscal cliff. president obama plans to meet with labor leaders today and business leaders tomorrow. he's hoping to get various groups and the two major parties to reach an agreement on a budget plan. if a deal is not reached by year's end, across the board spending cuts will automatically kick in. that will be the focus of members of congress as tray get back to work today following a few weeks recess.

democratic and republican leaders will meet with the president on friday. including bills and trade with russia. don't drive if you're dozing off behind the wheel. the chp is trying to get the message out about drowsy driving. you can get a ticket for it. they are on the look out for drivers who might be sleepy. >> weaving outside your lane, sporadic braking, take the off ramp, get out and walk around. >> drowsy driving caused 3600 collisions, 32 deaths and more than 2000 injuries in 2010. well frank and lawrence, next time someone makes a joke about women driver ares, you tell them this. women now outnumber men on the nation's road. the study by the university of michigan found that more women

than men have driver's license. they looked at gender trends in driver's license between 1995 and 2010 and researchers say the findings findings of economic and safety applications, women are more likely to buy smaller, safer and more fuel efficient cars. the iphone 5 just hit the market but there's already talk that apple is working on a newer version. according to a chinese newspaper, the iphone 5s will enter trial production next month. the reason, production issues with the current iphone and they might be able to make a few more bucks, too. it's 4:48 now. fewer babies are being born premature. early births dropped from 12.8% in 2006 to 11.7% last year. the improvement comes after a national campaign urged doctors not to schedule deliveries early unless there was a medical reason.

a new study finds graphic warning labels on cigarettes are effective. doctors at the medical university of south carolina tested them on 1000 american smokers. most smokers said the pictures made them think about quitting more than current print warnings. but earlier this year a federal courts blocked the graphics. don't be surprised if some of your employees or coworkers call in sick today. that's because there is a phren city going on about a video game. cate cauguiran is on market street. >> reporter: i've checked facebook and twitter on black opps 2. it's not something employers should be surprised about. take a look at these lines right now. this is the line outside the

game stop on market street. 400 people were waiting for call of duty, black ops 2. it's expected to be biggest video game release of the year. the release was the at midnight and thousands of gamers were position asked -- positioned and ready for their copy. >> i hope it's better than kill street. get to like be some people and everything. >> reporter: now, big chains like best buy opened about 900 o of their stores monday night for the big opening and had people test out the game prior to selling it. the call of duty sales have surpassed their own sales records and last year the game took in more than $400 million in sales so frank and michelle, there's a lot of hype around there, social media. no one's secret about it. they've posted their status around this new game and i took note. it takes about 8 hours to play through and that's not

including the multimedia online thing where you can connect with other users. employers i'm sure you're not surprised this morning if a few coworkers are absent. cate cauguiran cbs 5. >> big fan by the way, here's a look at the lines overnight. in new york city, the game's release has shattered preorder records and the game evolves around a war zone in 2025. players can compete against one another or strike that -- strategize around other players. 220million bucks around the world, more than a one day record for r a movie. halo4 was developed for a

movie. >> my daughter and i are on chapter 3. >> i have to get with it. >> you do. time is 4:52. he's known for his antivirus software so why is john mcafee wanted for murder. and why some people say a higher minimum wage is a problem. and the new lamborghini with a price tag that's almost as eye opening as the car itself. ,,,,,,,,,,

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2. temperatures starting out killly in some spots. temperatures pushing 70 degrees in the warmer spots. there's rain on the way. we'll talk about it coming up. and the bay area bridges, golden gate bridge traffic, quiet this morning.

you will find road work on the north end. bay bridge, no metering lights. and san mateo pretty quiet,. hard to believe but some workers in san jose are unhappy with the pending hike in the minimum wage. last week city voters approved measure d to give the lowest paid workers a raise to $10 an hour with future increases tied to inflation. one restaurant owner tells cbs 5 that $2 an hour will mean layoffs. >> that's $4000 every two weeks, so that comes out to, we did the math, almost $100,000 a year. and we have to cut some hours just to make a profit. >> supporters dismissed the complaints saying more money in people's pockets will be good for the economy. silicon valley has won another honor. >> it's all electronic model has been named the 2013 motor trend magazine car of the year.

this is the first time an all electric car has received the horn. it beat out a -- honor. it beat out a dozen other cars, including the lexus ls. the model s can go 265 miles in a single charge and has a starting price tag of $57,000. and by the way, just in time for christmas, lamborghini unveiled its new model in singapore. it has a 700 horsepower engine, goes from 0 to 60 miles per hour just 3 seconds flat. it costs 440,000 bucks. it hits the showroom next spring or early summer. >> that looks good in the cbs parking lot. >> in 3 seconds, can you imagine. spreading scandal, the high ranking general who is now being linked to the petreaus probe. and a pittsburgh suspect confessed to murder, but now

he's free, why a judge tossed the case. and the port of oakland official who lost his job over questionable spending. ,,,,,,,,,,,, ,,

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it kills mold, and unlike clorox clean-up, it's approved to keep it from coming back for up to a week. share your lysol story, and see more, on facebook. an t up in you're watching cbs 5 eyewitness news this morning. the plot thickens, another general is caught up in the petreaus scandal. why the u.s. commander in afghanistan is under investigation as well. and one of the most important figures in the bay area, his career is over because of a strip club scandal. a little sunshine expected around the bay area, a little cool in spots. rain is on the way. we'll talk about that coming up. and one of the busier spots this morning, a live look near the dublin interchange. good morning everyone, it's tuesday, november 13th. i'm michelle griego. >> i'm frank mallicoat. it is 5 now, and breaking overnight, a stunning turn of events